Dear Berkshire: What is the OFCCP requirement for AAP Training?

The following content was developed as part of our new blog column, “Dear Berkshire.” Instead of trying to anticipate the challenges you're facing at work, we’re going straight to the source. Every several weeks, one of our expert consultants will answer a specific question about compliance, regulatory changes, and affirmative action -- submitted by HR professionals like you!

Q: What do I need to do to fulfill the OFCCP requirement for AAP training? Does a virtual training count toward this requirement?

A: OFCCP regulations state that “All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be trained to ensure that the commitments in the contractor's affirmative action program are implemented.”

While the regulations do not outline the specific topics of the training that contractors and subcontractors must conduct, it was nonetheless clear on two things: 1) who must be trained; and 2) that the scope of the training must push forward the contractor’s commitment in implementing its affirmative action programs.

Training could, therefore, cover a wide array of topics, from the basics such as understanding the employer’s obligations as a federal contractor and learning what is an affirmative action program, to more advanced topics such as conducting appropriate analyses, developing the skills to interpret and discern potential areas of concerns through the analysis results, and more.

The regulations also did not dictate the method of training and therefore, in-person, virtual, or video-based are acceptable forms of training. An important piece of advice: ensure that all training is documented (e.g., date of the training, attendees, topics covered, etc.). The OFCCP could ask, usually in an audit, for proof that training was provided and conducted.

Berkshire offers a variety of live virtual and self-paced training options to help contractors comply with this requirement. Click her to learn more about our training offerings!